The new election was scheduled after Kilpatrick filed a protest after the election in June 2013. In that race, Burchfield received 18 more votes than Kilpatrick. Kilpatrick argued were problems with affidavit ballots.

All affidavit ballots were counted in the final vote tally as certified by the election commissioners.

Circuit Judge Samac Richardson ruled in favor of Kilpatrick and ordered a new election.

Richardson ruled because of the multiple irregularities and the number of illegal votes counted put the will of the voters in question.